Two non-governmental organizations,
Media Rights Agenda (MRA) and the International Press Centre (IPC)
today condemned the Federal Government’s indefinite suspension of
Twitter in Nigeria and threatened to lodge a formal complaint before
the appropriate agencies of the African Union (AU) and the United
Nations (UN) if the Government does not immediately rescind the ban,
arguing that the action is an unjustifiable violation of the rights of
all Nigerians to freedom of expression and access to information,
while also contravening the relevant instruments of both bodies.
In a statement issued in Lagos, the organizations condemned the
Government’s action as a violation of international norms and
standards, citing the African Commission on Human and Peoples Rights’
Resolution 362 on the Right to Freedom of Information and Expression
on the Internet in Africa, adopted on November 4, 2016 at its 59th
Ordinary Session; the Declaration of Principles on Freedom of
Expression and Access to Information in Africa, adopted by the
Commission in November 2019, at its 65th Ordinary Session; and recent
UN Human Rights Council resolutions touching on the matter.
In the statement signed by MRA’s Executive Director, Mr. Edetaen Ojo;
and the Executive Director of IPC, Mr. Lanre Arogundade, the
organizations noted that in its Resolution 362 of 2016, the African
Commission has expressed concern at the practice by African States of
“interrupting or limiting access to telecommunication services such as
the Internet, social media and messaging services.”
Besides, they said, the Declaration of Principles also provides in
Principle 38 (1) and (2) that “States shall not interfere with the
right of individuals to seek, receive and impart information through
any means of communication and digital technologies, through measures
such as the removal, blocking or filtering of content, unless such
interference is justifiable and compatible with international human
rights law and standards” and that “States shall not engage in or
condone any disruption of access to the internet and other digital
technologies for segments of the public or an entire population.”
The organizations also cited the UN Human Rights Council resolution on
the promotion, protection and enjoyment of human rights on the
Internet, adopted at its 38th Session in July 2018, in it asked “all
States to address security concerns on the Internet in accordance with
their international human rights obligations to ensure the protection
of all human rights online, in particular freedom of opinion and
expression, freedom of association, and privacy, including through
democratic and transparent national institutions, based on the rule of
law, in a way that ensures freedom and security on the Internet so
that it can continue to be a vibrant force that generates economic,
social and cultural development.”
In addition, they noted that in its latest resolution related to the
matter, which was adopted at its 45th Session in October 2020, the
Council has also unequivocally condemned “measures in violation of
international human rights law aiming to or that intentionally prevent
or disrupt access to or dissemination of information online and
offline, which undermine the work of journalists in informing the
public, including through practices such as Internet shutdowns or
measures to unlawfully or arbitrarily block or take down media
websites, such as denial of service attacks” and called on “all States
to cease and refrain from these measures, which cause irreparable harm
to efforts at building inclusive and peaceful knowledge societies and
democracies.”
The organizations called on the Federal Government to urgently take
steps to comply with these internationally agreed norms and standards
and retrace its steps from its current path, which puts Nigeria in
danger of becoming a rogue nation that is constantly violating
international human rights law as well as the principles of
international law.
Mr. Ojo, said: “The Government’s claim on the persistent use of the
platform for activities that are capable of undermining Nigeria’s
corporate existence is not only unsubstantiated, but is clearly bogus
and illogical. The pertinent questions here are: who is the government
accusing of using the platform for activities capable of undermining
Nigeria’s corporate existence? Is it the owners of Twitter that are
posting such tweets? Is it foreigners using the platform for such
activities? Or is it all Nigerians who are on Twitter or some of those
Nigerians who use Twitter? The Government needs to be specific on
this.”
According to him, “If some Nigerians on Twitter are using it in a
manner that displeases the Government, how is banning Twitter for all
Nigerians, in contravention of international norms an appropriate
response? And if the government is convinced that people should not be
allowed to post whatever they like on Twitter, no matter how divisive,
hateful or inciting, why was the Government itself so angry when
Twitter deleted a tweet by President Muhammadu Buhari, which it
adjudged to be in violation of this same principle? Why did the
Government opt to embark on this highhanded response which violates
the rights of all Nigerians to freedom of expression and access to
information instead of appealing Twitter’s decision on President’s
Buhari’s post or challenging it in a judicial forum?”
Similarly, Mr. Arogundade said: “On the surface the government claims
it is fighting Twitter but in reality what it is doing is waging war
against its own citizens by infringing on their fundamental and
socio-economic rights despite their being constitutionally guaranteed.
If anything, the threat by the Minister of Justice, Mr. Abubakar
Malami (SAN), to prosecute anyone that disobeys the ban is indicative
of the fact that if this government has its way all social media
platforms would be shut down because they have become veritable
avenues for citizens to express their disaffection with its acts of
mis-governance”.
Mr. Arogundade added that, “the ban does not show that the government
is serious about the welfare or economic well-being of the citizens
otherwise it would have given due consideration to how the decision
would disrupt businesses that are transacted by many individuals and
corporate bodies on Twitter and affect investor confidence in the
Nigerian economy before rushing to make the announcement”.
